Legal Question in Family Law in Texas
parental kidnapping
dad claims ''abuse'' although no doctor for daughter will concur with his claims, in fact they ignore them altogether because they find them unfounded and have put it in daughters file there's no evidence of abuse. So when dad gets ''visitation'' and takes daughter to Texas from Wa and than refuses to return her, where do we go from there, because we know that's exactly what he'll do. I've been told I have to give her to him, than have to counter act his behavior AFTER he does it. This is crazy to me. He's in the Army.
1 Answer from Attorneys
Re: parental kidnapping
There are several pieces of information that would determine whether this is a WA or TX case and which state's laws control. Where was the parenting plan/residential schedule issued? How long has the child been in WA before going to TX? How long has child been in TX. Until he violates a court order it is difficult to take any action, after he violates a court order you would have one or more of the following remedies depending on details of the violation: contempt, habeas corpus, parental kidnapping.